Complex Conveyancing: Untangling the Web
You have a sound understanding of the fundamentals of conveyancing, now take it to the next level with this deep dive into complex conveyancing issues. For the conveyancer and property lawyer alike, enhance your skillset by going beyond the basics and make sure you are the one to be approached in a tricky situation. Whether it be by-laws, easements, caveats or complex planning law issues, this program will supply with the information & strategies you need. 216N10
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW Legislation
Chair: Diane Skapinker, Consultant, Ashurst Australia; Accredited Specialist in Property Law; Leading Leasing and Property & Real Estate Lawyer, Doyle’s Guide 2020
9.00am to 10.00am Considerations in Complex Commercial Conveyancing
- Vendor due diligence and disclosure: How much is necessary?
- When your conveyance is part of a larger deal: portfolio sales, corporate transactions, cross-jurisdictional and super-lot sales
- Sale of long-term leasehold interests, land ‘swap’ agreements and sale of airspace: Are they all that different?
- Vendor leasebacks
Presented by Ben Malone, Senior Associate, Massons; Property and Real Estate Rising Star, Doyle’s Guide 2020
10.00am to 11.00am Are Your By-Laws Valid?
In light of the recent decision in which the Court of Appeal effectively invalidated a ‘no pets’ by-law, the question of the knock on effect to other by-laws has arisen.
- Analyse the impact of invalid by-laws and their effect
- Discuss developments regarding the recent Court of Appeal invalidating the ‘no pets’ by-law, explaining the knock on effects to other types of by-laws such as prohibiting hard surface flooring or other sorts of activities such as short-term letting or smoking
Presented by David Bannerman, Principal, Bannermans Lawyers; Accredited Specialist in Property Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Intersection of Conveyancing and Planning Law
Statutory Warranties in Sale of Lands : Intersection of Conveyancing and Planning Law
- A vendor under a contract for the sale of land is deemed pursuant to s 52A (2)(b) Conveyancing Act to have included in the contract certain prescribed warranties. Eg that there is no basis for the issuing of upgrading or demolition orders within the meaning of the Environmental Planning and Assessment Act 1979, Sch 5. So this potentially imports planning law into a conveyancing transaction.
- Consider the circumstances where purchasers have contended for a right to rescind under these provisions.
Sales of Land, Development Consents and Easements
- Some contracts for the sale of land contain development consents.
- What provisions make these consents run with the land?
- What provisions make conditions in a consent burden the owner from time to time?
- What if the development consent is conditional upon one of the parties obtaining an easement?
- What if the consent obliges a party to grant an easement eg an easement in gross to the Council?
- Consider strategies to manage the legal complexities that arise with these sorts of situations involving easements, development consents & conveyancing
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne
12.15pm to 1.15pm The Impact of Caveats on Priority of Unregistered Interests
- What effect does a caveat have on the priority of unregistered interests?
- Failure to caveat amounting to postponing conduct
- The effect of a withdrawal of caveat on postponing conduct
Consequences of Lodging a Caveat without Reasonable Cause (Section 74P)
- Historical amendments to section 74P
- What is the ‘without reasonable cause’ test?
- Who bears the onus?
- The effect of legal advice on the ‘without reasonable cause’ test?
- The effect of ulterior motive on the ‘without reasonable cause’ test?
- What losses are recoverable under section 74P?
- The duty to mitigate
- Does ‘any person’ who lodges a caveat include an agent of the caveator?
Presented by Vikram Misra, Barrister, Clarence Chambers
Presenters
Diane Skapinker
Diane Skapinker is a consultant in the Ashurst real estate group where she specialises in property developments, strata and community titling, acquisitions, disposals, leasing and the property aspects of telecommunications and infrastructure projects. Diane was formerly an Associate Professor of Law at the University of Sydney lecturing in Real Property, Conveyancing and Equity and is a member of the NSW Law Society’s Property Law Committee and its subcommittee responsible for drafting the NSW standard form contract for the sale and purchase of land. Diane is recognised as a real estate lawyer by Chambers Asia-Pacific, Doyle's Guide and Best Lawyers Australia.
Ben Malone
Ben acts across all property transactions including commercial and industrial leasing, acquisitions, disposals and due diligence. Ben regularly acts on high value and complex property transactions including assisting clients with national property portfolios. Ben was the Chair of the NSW Young Lawyers Property Law Committee from 2019-2020 and is a current member of the NSW Law Society Property Law Committee. Ben was also recognised in Doyle’s Guide 2019 in the category of “Property & Real Estate Law Rising Stars – Australia”.
David Bannerman
David is the principal of Bannermans Lawyers, Sydney’s leading Strata Law firm, providing specialised legal services for the Strata industry, the development and construction industry and the insurance industry. He is an Accredited Property Law Specialist with the Law Society of New South Wales and has over 15 years extensive experience in all aspects of property law and building litigation. David has a keen interest in education and training, regularly presenting education seminars to lawyers, experts, certifiers and strata managers. Additionally, David is a Director of Strata Community Australia (NSW) and Chairman of the code of conduct committee.
Sydney Jacobs
Sydney is a barrister at 13th Wentworth Chambers. He is also an accredited Mediator and Arbitrator. Sydney read for his LL.M at Cambridge University, England. He has a general commercial equity practice including partnership disputes, property litigation (e.g. easements, leasing matters, contracts for the sale of land off the plan, relief against forfeiture of deposits) and building & construction disputes. He is the sole author of two major loose-leaf services, namely: Damages in a Commercial Context, and Injunctions: Law and Practice, both published by Thomson Reuters. He part authors the leading work, Commercial & International Arbitration, likewise published by Thomson Reuters.
Vikram Misra
Vikram was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial litigation practice, however he is frequently briefed in the areas of taxation law, property law, contract law, construction law and equity. Vikram currently contributes regular posts to Legalwise Seminars on: Caveats; Practice and Procedure; and also Arbitration and Mediation (co-authored with Sydney Jacobs - Barrister). He also presents on occasion for BenchTV. Vikram was previously employed as a casual academic for the University of Sydney Law Extension Committee, Sydney NSW where he marked contract law exams. Vikram regularly appears in all state and federal courts as well as NCAT.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia